Richard Hubbard v. Kaiser Foundation Health Plan, et al
| CHAKISHA S. JOHNSON, LINDA GREENE, DIANA CANTU, DOES, 1 through 10, ARLENE GIBSON, VICTORIA FERGUSON, SALLY FRANZ, ANTHONY S. BRILL, KAISER FOUNDATION HEALTH PLAN INC., JOAN BURRITT, ERLINA ABIOG, DIANE DOYLE, JUDALON SHANNON, MARITES ARENDON and KAISER FOUNDATION HOSPITALS |
| RICHARD R. HUBBARD |
| 16-56399 |
| September 26, 2016 |
| U.S. Court of Appeals, Ninth Circuit |
| Other Civil Rights |
Docket Report
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| Filing 42 Supreme Court Case Info Case number: 17-1711 Filed on: 04/11/2018 Cert Petition Action 1: Denied, 10/01/2018 [11032634] (RR) [Entered: 10/02/2018 02:38 PM] |
| Filing 41 Supreme Court Case Info Case number: 17-1711 Filed on: 04/11/2018 Cert Petition Action 1: Pending [10925827] (RR) [Entered: 06/28/2018 12:47 PM] |
| Filing 40 Filed Appellant Richard R. Hubbard motion to recall the mandate (document titled: motion to stay the issuance of the mandate). Deficiencies: Mandate issued. Served on 04/11/2018. [10848929] (RL) [Entered: 04/24/2018 02:29 PM] |
| Filing 39 MANDATE ISSUED. (SRT, BGS and JBR) Costs are taxed against Appellant in the amount of $255.20. [10730137] (RL) [Entered: 01/19/2018 09:39 AM] |
| Filing 38 Filed order (SIDNEY R. THOMAS, BARRY G. SILVERMAN and JOHNNIE B. RAWLINSON) The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. See Fed. R. App. P. 35. Hubbards petition for rehearing en banc (Docket Entry No. [ # 36 ]) is denied. No further filings will be entertained in this closed case. [10721479] (Buccinio, Gabriela) [Entered: 01/11/2018 10:53 AM] |
| Filing 37 Filed (ECF) Appellee Kaiser Foundation Hospitals bill of costs (Form 10) in the amount of $255.20 USD. Date of service: 06/19/2017 [10478598] [16-56399] (Home, Maureen) [Entered: 06/19/2017 11:20 AM] |
| Filing 36 Filed Appellant Richard R. Hubbard petition for rehearing en banc only Number of Pages 13. Served on 06/12/2017. Deficiency: None. (RESEARCH) [10476070] (Turcios, Margoth) [Entered: 06/16/2017 09:03 AM] |
| Filing 35 FILED MEMORANDUM (SIDNEY R. THOMAS, BARRY G. SILVERMAN and JOHNNIE B. RAWLINSON) Hubbards motion to supplement the record on appeal (Docket Entry No. [ # 14 ]) is granted. We reject as without merit Hubbards contentions that the district judge was biased and retaliated against him. Hubbards motion for oral argument (Docket Entry No. [ # 18 ]) is denied. AFFIRMED. FILED AND ENTERED JUDGMENT. [10461033] (KMD) [Entered: 06/06/2017 09:27 AM] |
| Filing 34 Filed clerk order (Deputy Clerk: GB): The court is in receipt of appellants May 8, 2017 letter (Docket Entry No. [ # 33 ]) stating that he stands on the reply brief served on March 16, 2017 (Docket Entry No. [ # 28 ]). Accordingly, the Clerk shall strike the reply brief at Docket Entry No. [ # 32 ]. The Clerk shall serve a copy of the docket sheet on appellant at P.O. Box 2086, Spring Valley, CA 91979. Briefing is complete. [10432557] (Buccinio, Gabriela) [Entered: 05/12/2017 12:22 PM] |
| Filing 33 Filed Appellant Richard R. Hubbard letter dated 05/08/2017 re: brief. Paper filing deficiency: None. [10430562] (Turcios, Margoth) [Entered: 05/11/2017 09:48 AM] |
| Filing 32 Received original and 6 copies reply brief of Appellant Richard R. Hubbard (Informal: No) 22 pages. Served on 04/07/2017. Major deficiencies: Reply brief already filed. Notified appellant. [10395418] (GV) [Entered: 04/13/2017 03:00 PM] |
| Filing 31 Filed Appellant Richard R. Hubbard letter dated 03/30/2017 re: Missing item on docket re: appellant reply brief. Paper filing deficiency: None. [10383424] (RL) [Entered: 04/04/2017 03:33 PM] |
| Filing 30 Filed four paper copies of supplemental excerpts of record [ # 23 ] in 3 volume(s) filed by Appellee Kaiser Foundation Health Plan. [10383108] (GV) [Entered: 04/04/2017 02:23 PM] |
| Filing 29 Received 7 paper copies of Answering Brief [ # 22 ] filed by Kaiser Foundation Hospitals. [10382116] (RG) [Entered: 04/04/2017 08:34 AM] |
| Filing 28 ENTRY UPDATED. Filed original and 7 copies of Appellant Richard R. Hubbard (Informal: No) reply brief of 21 pages. Served on 3/16/17. (actual date received 3/20/17) [10378361] --[Edited 04/10/2017 by GV to change brief type] (GV) [Entered: 03/30/2017 06:05 PM] |
| Filing 27 Filed clerk order: The answering brief [ # 22 ] submitted by Kaiser Foundation Hospitals is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate CM/ECF. The Court has reviewed the supplemental excerpts of record [ # 23 ] submitted by Kaiser Foundation Hospitals. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [10376665] (GV) [Entered: 03/29/2017 05:14 PM] |
| Filing 26 Filed original and 7 copies of Appellant Richard R. Hubbard (Informal: No) opening brief of 66 pages. Four copies Excerpts of record in 5 volumes: Vol. IA, Vol. IB, 2-4. Served on 01/28/2017. [10376664] (GV) [Entered: 03/29/2017 05:13 PM] |
| Filing 25 Filed clerk order (Deputy Clerk: GB): The district court docket reflects that the filing fee was paid on February 16, 2017. Accordingly, this court declines to entertain appellants motion for reconsideration of the December 14, 2016 order denying in forma pauperis status (Docket Entry No. [ # 11 ]). The court is in receipt of appellants March 23, 2017 letter requesting correction of the docket. A review of the docket reflects that appellant Richard R. Hubbard is proceeding pro se. Accordingly, the Clerk shall strike the deficiencies at Docket Entry Nos. 11, 12, 14, 15, and 18. The Clerk shall also file the opening brief and excerpts of record at Docket Entry No. 12, and the answering brief and supplemental excerpts of record at Docket Entry Nos. 22 and 23. The court sua sponte extends the time to file a reply brief. The optional reply brief is due within 21 days of the file stamp date of this order. Appellants motion to expedite (Docket Entry No. [ # 18 ]) is granted. This case shall be calendared as soon as practicable. Appellants motion to supplement the record (Docket Entry No. [ # 14 ]) and request for oral argument (Docket Entry No. [ # 18 ]) are referred to the panel that will consider the merits of the appeal. [10375910] (Buccinio, Gabriela) [Entered: 03/29/2017 12:09 PM] |
| Filing 24 Filed Appellant Richard R. Hubbard letter dated 03/20/2017 re: docket discrepancies. Paper filing deficiency: None. [10369280] (Turcios, Margoth) [Entered: 03/23/2017 03:22 PM] |
| Filing 23 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Kaiser Foundation Hospitals. Date of service: 03/02/2017. [10341389] [16-56399] (Home, Maureen) [Entered: 03/02/2017 06:20 PM] |
| Filing 22 Submitted (ECF) Answering Brief for review. Submitted by Appellee Kaiser Foundation Hospitals. Date of service: 03/02/2017. [10341387] [16-56399] (Home, Maureen) [Entered: 03/02/2017 06:11 PM] |
| Filing 21 Filed Appellant Richard R. Hubbard letter dated 02/16/2017 re: payment of docketing and filing fee. Paper filing deficiency: None [10327727]--[Edited 02/21/2017 by MT] (Turcios, Margoth) [Entered: 02/21/2017 04:33 PM] |
| Filing 20 Received notification from District Court re: payment of docket fee. Amount Paid: USD 505.00. Date paid: 02/16/2017. [10324150] (RT) [Entered: 02/17/2017 10:35 AM] |
| Filing 19 Terminated Maureen M. Home for Richard R. Hubbard in 16-56399 [10319073] (Turcios, Margoth) [Entered: 02/14/2017 01:04 PM] |
| Filing 18 Filed Appellant Richard R. Hubbard pro se motion to expedite case. Served on 02/07/2017. Deficiency: party has counsel . [10309192]--[Edited: Striken deficiency note per order [ # 25 ] 03/29/2017 by RY] (Turcios, Margoth) [Entered: 02/09/2017 02:15 PM] |
| Filing 17 Streamlined request [16] by Appellee Kaiser Foundation Hospitals to extend time to file the brief is not approved because it is unnecessary. The briefing schedule will be reset upon resolution of the pending motion. See 9th Cir. R. 27-11. [10308640] (JN) [Entered: 02/09/2017 10:59 AM] |
| Filing 16 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Kaiser Foundation Hospitals. New requested due date is 03/31/2017. [10308407] [16-56399] (Home, Maureen) [Entered: 02/09/2017 09:50 AM] |
| Filing 15 Received Appellant Richard R. Hubbard's four copies of excerpts of record Volume 4. Deficiencies: brief not filed, appellant is represented by counsel. (Appellant has been previously notified). [10306454]--[Edited: Striken deficiency note per order [ # 25 ] 03/29/2017 by RY] (GV) [Entered: 02/07/2017 05:02 PM] |
| Filing 14 Filed Appellant Richard R. Hubbard's motion to supplement record on appeal. Deficiencies: appellant is represented by counsel . Served on 1/31/17. [10306447]--[COURT UPDATE: Attached PDF of motion. 02/07/2017 by RY]--[Edited: Striken deficiency note per order [ # 25 ] 03/29/2017 by RY] (GV) [Entered: 02/07/2017 04:57 PM] |
| Filing 13 Received Appellant Richard R. Hubbard notice regarding documents to add to case that were filed in district court. [10303921] (Turcios, Margoth) [Entered: 02/06/2017 01:57 PM] |
| Filing 12 ENTRY UPDATED. Received original and 7 copies of Appellant Richard R. Hubbard's opening brief (Informal: No) 66 pages. Seven copies of Excerpts of record in 4 volumes: (Vol. 1A, Vol. 1B, Vol. 2 and Vol. 3). Served on 1/28/17. Major deficiencies: motion to proceed ifp pending, appellant is represented by counsel . [10302235] --[Edited 02/07/2017 by GV to attach excerpts of record]--[Edited: attached correct PDF of excerpts of record. 02/07/2017 by SLM]--[Edited: Striken deficiency note regarding representation per order [ # 25 ] 03/29/2017 by RY] (GV) [Entered: 02/03/2017 03:07 PM] |
| Filing 11 Filed Appellant Richard R. Hubbard appeal from order denying to proceed in forma pauperis. Served on 12/21/2016. Deficiency: party has counsel. [10245788]--[Edited: Striken deficiency note per order [ # 25 ] 03/29/2017 by RY] (RL) [Entered: 12/23/2016 02:33 PM] |
| Filing 10 Filed order (EDWARD LEAVY and BARRY G. SILVERMAN) Appellants motion to proceed in forma pauperis (Docket Entry No. [ # 4 ]) is denied because we find that appellant is not indigent. Within 21 days after the date of this order, appellant shall pay $505.00 to the district court as the docketing and filing fees for this appeal and file proof of payment with this court. Failure to pay the fees will result in the automatic dismissal of the appeal by the Clerk for failure to prosecute, regardless of further filings by appellant. See 9th Cir. R. 42-1. If appellant complies with this order, the opening brief and excerpts of record will be due January 30, 2017; the answering brief will be due March 2, 2017; and the optional reply brief will be due within 14 days after service of the answering brief. [10232579] (RT) [Entered: 12/14/2016 10:15 AM] |
| Filing 9 Added attorney Maureen M. Home for Diana Cantu Chakisha S. Johnson Arlene Gibson Richard R. Hubbard Joan Burritt Diane Doyle Kaiser Foundation Health Plan Anthony S. Brill Sally Franz Victoria Ferguson Does Erlina Abiog Marites Arendon Kaiser Foundation Hospitals Judalon Shannon Linda Greene, in case 16-56399. [10175005] (Turcios, Margoth) [Entered: 10/26/2016 03:09 PM] |
| Filing 8 Filed (ECF) notice of appearance of Maureen M. Home for Appellees Erlina Abiog, Marites Arendon, Anthony S. Brill, Joan Burritt, Diane Doyle, Arlene Gibson, Linda Greene, Kaiser Foundation Health Plan, Kaiser Foundation Hospitals and Judalon Shannon. Date of service: 10/26/2016. [10174904] [16-56399] (Home, Maureen) [Entered: 10/26/2016 02:42 PM] |
| Filing 7 Received Appellant Richard R. Hubbard notice regarding ordering of transcripts. [10171591] (Turcios, Margoth) [Entered: 10/24/2016 03:25 PM] |
| Filing 6 Added attorney Kenneth R. Pedroza for Anthony S. Brill Arlene Gibson Joan Burritt Diane Doyle Erlina Abiog Marites Arendon Kaiser Foundation Hospitals Kaiser Foundation Health Plan Judalon Shannon Linda Greene, in case 16-56399. [10165861] (Turcios, Margoth) [Entered: 10/19/2016 01:36 PM] |
| Filing 5 Filed (ECF) notice of appearance of Kenneth R. Pedroza for Appellees Erlina Abiog, Marites Arendon, Anthony S. Brill, Joan Burritt, Diane Doyle, Arlene Gibson, Linda Greene, Kaiser Foundation Health Plan, Kaiser Foundation Hospitals and Judalon Shannon. Date of service: 10/19/2016. [10165457] [16-56399] (Pedroza, Kenneth) [Entered: 10/19/2016 11:11 AM] |
| Filing 4 Filed Appellant Richard R. Hubbard motion to proceed In Forma Pauperis. Deficiencies: None. Served on 10/04/2016. [10154808] (Turcios, Margoth) [Entered: 10/11/2016 11:06 AM] |
| Filing 3 Mail returned on 10/03/2016 addressed to Francisco Cabada for Chakisha S. Johnson, re: 9/27/16 court order. Returned envelope reads: return to sender. Resending to: 1055 East Colorado Boulevard, Suite 500 Pasadena, CA 91106 Telephone: (626) 204-4080 Fax: (626) 240-4699 cisco@cabadahameed.com. [10146651]--[Edited: address updated. 10/03/2016 by SLM] (Turcios, Margoth) [Entered: 10/03/2016 03:36 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: CKP): Order to show cause docket fee due [10138932] (CKP) [Entered: 09/27/2016 12:41 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Transcript ordered by 10/24/2016. Transcript due 11/22/2016. Appellant Richard R. Hubbard opening brief due 01/03/2017. Appellees Erlina Abiog, Marites Arendon, Anthony S. Brill, Joan Burritt, Diana Cantu, Does, Diane Doyle, Victoria Ferguson, Sally Franz, Arlene Gibson, Linda Greene, Chakisha S. Johnson, Kaiser Foundation Health Plan, Kaiser Foundation Hospitals and Judalon Shannon answering brief due 02/03/2017. Appellant's optional reply brief is due 14 days after service of the answering brief. [10136083] (RT) [Entered: 09/26/2016 09:22 AM] |
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